H1 - Switching Jobs

[VS17]

I have been on L1 with Company A for 3 years. Company A and Company B applied for H1 (change of status) this year and both were approved. My understanding is that as I am still employed with Co. A my H1 with them got activated effective Oct 1, 2015.

- In order to switch from Company A to Company B do I need to exit the US and get my H1 (from Company B) stamped or can I switch to company B right away? I plan to start employment with Company B right now and visit my home country within next 6 months. My visa / I-94 / passport would all be valid until at least 2017.

- Is it ok to have a gap of a week or so before I switch between employers or would I be considered out of H1 status?

Thanks!

[shervin143]

You cannot work for Company B now. You should have started working for Company B as of Oct 1st (Their H1B effective date). Now to work for Company B, you have two options.
1) Company B should file a transfer from A to B.
2) You should leave the country and re-enter back using Company B's H1B petition. You need a valid H1B visa to re-enter.

[VS17]

H1 - Switching Jobs

Is it fine to leave my dependents in the US when I exit for visa stamping after my last working day with company A. Could there be any legal implications or should I resign only after I return? Wouldn't there be a conflict as the h1b stamp would be from company B but I would still be employed with my old employer when I re-enter?

[shervin143]

Short visit by H1B holder outside the country without the H4 depends are allowed. But if your stay outside U.S gets delayed (in case you receive a 221g during visa stamping) then your dependents should leave the country. You can attend visa stamping for B while you are still working for A. No issues with that. But if you enter U.S using Company B's petition then you cannot work for Company A because your I-94 issued at the POE will be associated with Company B. So if you have to serve notice period, then it will become an issue. So plan accordingly.

Is it fine to leave my dependents in the US when I exit for visa stamping after my last working day with company A. Could there be any legal implications or should I resign only after I return? Wouldn't there be a conflict as the h1b stamp would be from company B but I would still be employed with my old employer when I re-enter?